Title SD, Special District Local Laws Code

Sec. 3974.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by…

Sec. 3974.0105. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under other law. (b) The boundaries and field notes contained in Section 2 of the Act enacting this …

Sec. 3974.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0107. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0108. CONFLICTS OF LAW. This chapter prevails over any provision of Chapter 375, Local Government Code, that is in conflict or inconsistent with this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0109. CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED. (a) The board may not hold an election to authorize the issuance of bonds until: (1) the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion…

Sec. 3974.0110. CONCURRENCE ON ADDITIONAL POWERS. If the territory of the district is located in the corporate boundaries or the extraterritorial jurisdiction of a municipality, the district may not exercise a power granted to the district after the date the district was created …

Sec. 3974.0201. GOVERNING BODY; TERMS. The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each even-numbered year. Five directors are appointed by the commission as provided by Secti…

Sec. 3974.0202. APPOINTMENT BY COMMISSION. (a) Before the term of a director expires, the board shall recommend to the commission the appropriate number of persons to serve as successor directors and may recommend additional persons to serve as successor directors. The commission…

Sec. 3974.0203. VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0204. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records. (b) A director shall file a copy of the director's oath or affi…

Sec. 3974.0205. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0206. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation a director may receive each year may not exceed $7,200. (b) A director is entitled to reimbursement for n…

Sec. 3974.0207. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) act…

Sec. 3974.0208. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0209. BOARD MEETINGS. The board shall hold meetings at a place that is accessible to the public and located in the district or in the city. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019. SUBCHAPTER C. POWERS AND DUTIES

Sec. 3974.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) Subject to Subsection (b), the district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a gov…

Sec. 3974.0303. LOCATION OF IMPROVEMENT PROJECT. A district improvement project may be located inside or outside of the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0304. ADDING TERRITORY. The district may add territory only if the governing body of the city by ordinance or resolution consents to the addition. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.0305. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019. SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS

Sec. 3974.0401. DIVISION OF DISTRICT; PREREQUISITES. The district, including territory added to the district under Section 3974.0306, may be divided into two or more new districts only if the district has no outstanding bonded debt. Territory previously added to the district unde…

Sec. 3974.0402. LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 201…

Sec. 3974.0403. DIVISION PROCEDURES. (a) The board, on its own motion or on receipt of a petition signed by an owner of real property in the district, may adopt an order proposing to divide the district. (b) If the board decides to divide the district, the board shall: (1) set th…

Sec. 3974.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The new districts may contract with each other for any matter the boards of the new districts consider appropriate, including the joint construction or financing of a utility improvement. Added by Acts 2019, 86th Leg., R.S., Ch…

Sec. 3974.0405. POWERS SUBJECT TO DEVELOPMENT AND OPERATING AGREEMENT. In addition to the other limitations provided by this chapter, the district's authority to exercise its powers is subject to the terms of the development and operating agreement required under Section 3974.010…

Sec. 3974.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, …

Sec. 3974.0502. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, or finance an improvement project or service authorized by this chapter or Chapter 375, Local Government Code, using any money available to the district. Added by Acts 2019, 86th Leg., R…

Sec. 3974.0503. METHOD OF NOTICE FOR HEARING. The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail. The board shall determine the method of notice. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B…

Sec. 3974.0504. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district. (b) An assessment, a reassessment, or an assessment resulting from an addition to or…

Sec. 3974.0505. NOTICE OF ASSESSMENTS. Annually, the board shall file with the secretary of the city written notice that specifies the assessments the district will impose in the district's next fiscal year in sufficient clarity to describe the assessments for the operation and m…

Sec. 3974.0601. BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or assessments in the manner provided by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, …

Sec. 3974.1001. APPLICABILITY. This subchapter applies only to bonds payable wholly or partly from revenue derived from assessments on real property in the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.1002. CONFLICT OF LAWS. In the event of a conflict between this subchapter and any other law, this subchapter prevails. Added by Acts 2019, 86th Leg., R.S., Ch. 1013 (H.B. 4744), Sec. 1, eff. September 1, 2019.

Sec. 3974.1003. WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS. Before the district may issue bonds, the district and any person to whom the board intends that proceeds of the bonds be distributed, including the developer, another owner of land in the district, and any entity act…

Sec. 3974.1004. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A district may not advertise for an issuance of bonds until the completion of at least 25 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments an…

Sec. 3974.1005. REQUIREMENTS FOR BOND ISSUE. The district may not issue bonds until: (1) the district submits to the commission: (A) an engineer's report describing the project for which the bonds will provide funding, including data, profiles, maps, plans, and specifications rel…

Sec. 3974.1006. REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY BONDS. The district may not collect an assessment to be used for the payment of bonds until: (1) the completion of at least 95 percent of the underground water, wastewater, and drainage facilities financed from bond pr…

Sec. 3975.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "County" means Harris County. (4) "Director" means a board member. (5) "District" means the Richfield Ranch…

Sec. 3975.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY. (a) The district is a special district created under Section 59, Article XVI, Texas Constitution. (b) The district is a governmental unit, as provided by Section 375.004, Local Government Code. (c) This chapter does not w…

Sec. 3975.0103. PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. (b) By creating the di…

Sec. 3975.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI…

Sec. 3975.0105. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the…

Sec. 3975.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; (2) a tax abatement reinvestment zone created under Chapter 312, Tax C…

Sec. 3975.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.

Sec. 3975.0108. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.